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457 general gardener


Guest ozoz

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Guest wanderer

I'd not be too confident of finding an award for gardeners but quite possibly under a miscellaneous workers category.

 

It'll likely be a state by state situation though I think the feds have been looking at making some things national with their change from the Work Choice legislation previous government had for individual contracts.

 

Probably be a reasonable bet to look up a State Government Labour or Industrial Relations department for starters and see how you go.

 

In Queensland for instance awards comes under Justice and Attorney General Department.

Wageline - Queensland Department of Justice and Attorney-General

 

But a google for Qld. state industrial relations found that.

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Guest jsmithjsmith

Hi,

 

I have my 457 application in now as a general gardener, everything done just waiting for the yes now!

My salary is $49 thousand and something, sorry I cant remember exactly but that includes super!

 

Good luck, please feel free to ask any questions!:)

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  • 6 months later...
Guest cmoipich

Hi jsmithjsmith,

 

I'm now working in a landscaping company with my working holiday visa, and they just told me than they are ok to try to sponsor me as a general gardener with visa 457. After to be very happy by this news, I'm a bit confused by their questions, and mine!

 

It's a pretty small company (6 workers), so I would like to help them, so I have may questions.

 

- How did you do to apply? who should apply first, the company or me?

 

- Should I have to have a recognition of my diploma or my skills by an authority (Trades Recognition Australia or other)?

 

- I don't know where you found this salary of $49.000 and something, I found $45.220 per annum on immigration's website. I hope mine is the good one, otherwise, I'm not sure anymore will still want to employ me... But let's take $45.220 for example, Is it possible to have for exemple $40.000 paid to my bank, and 5.220 paid in kind, for example by leaving me a car for the week, or anything else?

 

Thank you very much for your help!

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The minimum you can be paid on a 457 is $45,220, but than can't include superannuation or payments in kind. If super is included in the quoted salary, it would have to be at least $49,289.80.

 

I'm no expert on immigration law, but my reading of the immigration website suggests that if the market rate for a general gardener is less than $45,220, you would be unlikely to get visa approval even if you are paid the higher amount. It says:

"Example: If the market salary rate for an occupation is $39 500 – that is, the market salary rate amount that is paid to an equivalent Australian in the sponsor's workplace – then the nomination is likely to be refused, as the market salary rate is below the TSMIT. Even if the sponsor decided to offer the nominated worker a salary of $45 220, then the nomination would still be refused, as it is the market salary rate that the department compares to TSMIT, not the actual salary proposed."

 

I make the above point because I would expect the market salary rate for a General Gardener to be no more than about $20/hour which would come to under 40k.

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Guest cmoipich

Yeah... you're probably right about super, about market salary rate...

Indeed, after reading 2 times more the page about market salary rates on immigration's webside, I understood the same as you Ozmaniac. You were right as well for the salary: my boss would like to pay me $20/h + paid in kind (car, phone). I understood it is not possible...

 

But it means than it is not possible for me, and for any "General gardener" to have a visa or to be sponsored? It is stupid to leave General Gardener on SOL and ENSOL list, if we can't apply for a visa!

 

What is the other way to have a visa (and work as a gardener as it's my job and my studies!)? I really want to stay in this amazing country!

What kind of visa can I reach?

 

I'm very interested by jsmithjsmith's story now! What is the end? do you have your visa now? what kind of problems did you have?

 

I'm very sad after reading your post, I will maybe go to ask for more information to immigration's office, but I don't have too much hope anymore.

 

If anybody have some suggestions... Thanks!

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It certainly seems strange that there would be an occupation on the SOL/ENSOL that wouldn't be eligible for 457 visas because of the salary, but because it was listed on the SOL itself, General Gardener has for ages been eligible for 175 and 176 visas and salaries don't come into those. It's also on Schedule A – Occupations for Subclass 442 and 457 arrangements though and that's very specific to 457s.

 

Sorry, I just don't know enough to add any more but I agree that the outcome of jsmithjsmith's application would be a great indication of your chances. Perhaps you could PM him.

Don't lose heart yet - perhaps DIAC will have good news for you when you ask them. All the best.

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Guest cmoipich

Hi,

Unfortunately, immigration had bad news for me. You were right from beginning to the end ozmaniac and it' pretty bad for me.

 

It's the average salary rate for my job which is watching, not mine, otherwise, it is not fair to employ foreigners with higher rate than Australians citizens. I understand that, but I'm not very happy with that! And for a gardener, the weekly salary is $782, it means about ~$40,500 per annum, lower than their ~$45,000 limit.

 

If somebody need it, you can found market salary rates for many jobs at this address, maybe this one as well, but I didn't find anything on it. Otherwise, employers associations or unions.

 

I still have 8 month to find a solution if there is one, but with my WH visa, in 2 month, I will have to leave my company.

 

Good luck everybody!

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Oh dear, that's rotten news for you and I'm really sorry that I was the bearer of such bad tidings. I can see where they're coming from, but it's a rule that doesn't seem to be widely known so there must often be people in your situation who think everything's OK until the last minute. I think there will be some major changes relating to employer sponsored visas from 1 July that we haven't even heard about yet - fingers crossed that there's something in them for you. All the best!

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Guest jsmithjsmith

Hi,

 

I just replied to your pm, sorry not been on here for a while!

My visa was granted last year :)

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